Germany

Antitrust

Baker McKenzie‚Äôs ‚Äėrecommendable‚Äô team provides comprehensive advice on all antitrust matters and is particularly visible in sanctioning proceedings at the domestic and European authorities; it acted for Carlsberg in the beer cartel, for Segafredo in the coffee cartel and also multiple automotive suppliers. Other areas of expertise include damage claims, internal investigations, the development and implementation of compliance systems and merger control proceedings. In the latter area the team handled transactions for REWE, Deutsche Bahn and Daimler. The client portfolio also includes Asics, Eckes Granini, J.W. Zander and Knorr-Bremse. Besides Christian Horstkotte, Nicolas Kredel is also recommended and noted for his ‚Äėgood understanding of clients and their needs‚Äô. Katharina Spenner is well known for her distribution antitrust expertise.

Compliance

The ‚Äėvery good‚Äô team at Baker McKenzie ‚Äėis one of the best contacts for compliance in Munich‚Äô. It acts for national and international clients in internal investigations and provides assistance with the implementation of compliance structures and advice on money laundering prevention, anti-corruption measures and sanctions alongside antitrust and data protection compliance issues. The ‚Äėvery experienced, well-connected and pragmatic‚Äô Thomas Gr√ľtzner provides ‚Äėhands-on advice‚Äô and acted for a manufacturer in internal investigations covering sanction violations, and a DAX30 company in internal investigations into anti-corruption matters concerning a defence project. Andreas Lohner, who ‚Äėnever loses sight of the essentials‚Äô, advised a German defence company on country-specific compliance standards for the deployment of intermediaries in defence procurement. Other highlights included Franz Clemens Leisch‚Äôs advice to a German real estate and capital management company on money laundering matters following various property purchases, and his assistance of a German consumer goods industry player with internal investigations concerning customs offences, tax evasion and fraud.

Employment

Baker McKenzie excels at restructuring and transaction-related employment law work but also demonstrates notable expertise in employment data protection and compliance matters. The team advised Adient on the closure of five German production sites, and assisted Etihad with matters pertaining to the restructuring of its subsidiary Air Berlin. Other clients include Osram, Opel and SAP. Steffen Scheuer and Christian Reichel co-head the practice, while Reichel also heads the newly established European pension law team, which constitutes another key area of the team‚Äôs expertise. The renowned Burkard G√∂pfert moved to Kliemt.Arbeitsrecht in November 2017.

Private equity

Baker McKenzie promoted Ingo Strauss to the partnership in July 2016. Besides him, Peter Wand, Nikolaus Reinhuber and Heiko Gotsche regularly handle private equity matters. The latter led advice to Serendipity and its portfolio company Voff Science on the acquisition of the majority stake in Visionistas. Other highlights included advising the Hillhouse Capital Group on the acquisition of pet food manufacturer Gimborn from Penta Investments and assisting DBAG regarding the acquisition of a minority shareholding in R&M International. Shortly before the time of going to press, Berthold Hummel joined from Dechert.

Tax

Clients appreciate Baker McKenzie‚Äôs ‚Äėdirect approach based on advice provided by the relevant specialist without any need for multiple internal feedback rounds‚Äô, and its ‚Äėvery good‚Äô advice on specific matters such as VAT, customs law and transfer pricing, which are among Nicole Looks‚Äô and Stephan Schnorberger‚Äôs key areas of expertise. Tax structuring and transactional mandates constitute another key portion of the team‚Äôs workload along with tax audits and tax litigation. Norbert M√ľckl assisted various affiliates of an international retail chain with tax matters following an expansion and a joint venture with an Italian fashion and lifestyle company, and advised Deutsche Beteiligungs AG on the acquisition of R&M International including tax structuring. A technology and manufacturing company instructed the practice to advise on land transfer tax issues as part of a global reorganisation and an intended spin-off of a subgroup, while the team also assisted a foreign bank with investment tax law matters. Stephan Behnes and Christoph Becker are recommended. Juliane Sassmann moved to Ernst & Young in September 2016.

Trade and distribution

The recommended eight-strong sales and distribution team at Baker McKenzie receives a steady flow of mandates from international companies in the automotive, fashion and consumer goods industries. Recently, team head Ulf Wauschkuhn advised key names such as Allianz Deutschland and Amazon EU on various commercial and contractual law matters. Handling litigation constitutes another key element of the practice as demonstrated when the team represented Coty and Novartis Pharma in contentious distribution law issues. The recommended Katharina Spenner assisted Adidas with distribution and contract issues and acts as main contact for Amer Sports Finance Oy. Johannes Teichmann is another key member of the team; he acted for Daimler, among others.

Germany: Banking and finance

Lending and borrowing

Clients have ‚Äėgood experiences‚Äô with Baker McKenzie‚Äôs finance practice, which primarily acts on the banking side and focuses on syndicated loan business, particularly in the area of trade and export financings. Oliver Socher predominantly advises on acquisition finance with additional expertise in asset-based lending. He advised a banking syndicate led by DZ Bank on the financing of the acquisition of multiple hospitals by Vitanas. Other clients include BerlinHyp and ING regarding the refinancing of the Taunusturm in Frankfurt and new client Corestate in connection with several real estate financings and also the takeover of 94.9% of shares in Hannover Leasing. Real estate finance expert Filip Kurkowski, who joined from Allen & Overy LLP in July 2016, left the firm again for Ashurst LLP in February 2018.

Germany: Compliance

Internal investigations

Baker McKenzie‚Äôs ‚Äėvery good goal-oriented‚Äô team receives a steady flow of instructions from German and international clients concerning internal investigations into sanction and customs violations alongside anti-corruption, bribery and fraud matters. Recent work, with ‚Äėvery experienced and practical pragmatist‚Äô Thomas Gr√ľtzner in the lead, includes assisting a manufacturer with internal investigations, and acting for a listed company in internal investigations on anti-corruption matters pertaining to a defence project. Andreas Lohner assisted a German company with internal investigations following several compliance violations, including bribery and accounting mismatches. In other significant work, Franz Clemens Leisch acted for a German manufacturer from the consumer goods industry in internal investigations pertaining to customs violations, tax evasion and fraud.

Germany: Corporate and M&A

Corporate

Baker McKenzie has a ‚Äėvery high level of expertise‚Äô in corporate compliance, an area in which the firm recently handled corporate law matters for a German client. In general, the firm‚Äôs cross-border capabilities are an excellent selling point for clients. An example is cooperating with colleagues in Chicago, London, Vienna and Luxembourg when advising McDonald‚Äôs on the restructuring of German and several foreign groups. As such, the client portfolio includes both renowned German groups and various multinationals such as Amazon, the DFL German Football League, HOCHTIEF and Johnson Controls. The group is led by Andreas Lohner and Nikolaus Reinhuber and also includes Christoph Wolf.

M&A: mid-sized domestic deals (‚ā¨100m-‚ā¨500m)

Baker McKenzie‚Äôs ‚Äėvery competent‚Äô M&A group led by Nikolaus Reinhuber and Andreas Lohner is spread over four offices and therefore has a strong national network. ‚ÄėDown to earth‚Äô and ‚Äėtime-flexible team player‚Äô Ingo Strauss, who made partner in July 2016, and Heiko Gotsche advised claims management provider GFKL Lowell on the acquisition of Tesch Inkasso. Christian Atzler, who made partner at the same time, led assistance to automotive supplier Presswerk Krefeld with the acquisition of the insolvent IBEX Automotive and Gebr√ľder Kunze. In 2016, a group led by Thomas D√∂rmer and Tim Heitling joined from Taylor Wessing, while S√∂nke Becker left for Herbert Smith Freehills Germany LLP.

M&A: mid-sized international deals (‚ā¨100m-‚ā¨500m)

Baker McKenzie‚Äôs ‚Äėoutstanding international network‚Äô ensures a steady flow of instructions in the mid-cap sector. A complex mixed share and asset deal with carve-out in various countries was handled by the pumps, seals and valve manufacturer Flowserve on the ‚ā¨186m sale of the Gestra Group to Spirax Sarco. Other highlight instructions included advising Gr√ľnenthal on the acquisition of Adhesys Medical, Allegion on the acquisition of all of its shares in Trelock, and Dassault Syst√®mes on the ‚ā¨220m acquisition of all CST - Computer Simulation Technology shares. Alba Group and HOCHTIEF also retained the group, which is led by Nikolaus Reinhuber and Andreas Lohner and also includes the recommended Heiko Gotsche. In 2016, the group saw the addition of Thomas D√∂rmer and Tim Heitling from Taylor Wessing and the departure of S√∂nke Becker for Herbert Smith Freehills Germany LLP. In addition, Christian Atzler and the ‚Äėdown-to-earth‚Äô Ingo Strauss, who is ‚Äėflexible in terms of times and a teamplayer‚Äô, made partner in July 2016.

Germany: Dispute resolution

Arbitration (including international arbitration)

The ‚Äėoutstanding‚Äô arbitration team at Baker McKenzie is best known for its expertise in the construction, plant engineering and infrastructure sectors and frequently handles post-M&A disputes with representations in the Asiatic region on the increase. Recently, G√ľnter Pickrahn advised an Asian manufacturing conglomerate on several post-M&A arbitrations. When dealing with infrastructure matters, the team is well versed in handling energy sector work, as demonstrated by representing the claimants Steag and EVN in an ICC arbitration against a general contractor consortium associated with the Japanese firm Hitachi; the dispute concerned construction delays of the coal-fired power station in Duisburg-Walsum and subsequent additional costs and was handled by Pickrahn, J√∂rg Risse and the ‚Äėvery experienced and pragmatic‚Äô Ragnar Harbst. Heiko Haller is recommended.

Commercial litigation

Baker McKenzie routinely deals with construction and plant engineering sector instructions alongside post-M&A disputes, frequently including cross-border elements with Asia, and has notable experience in matters related to compliance, product liability and energy law. Utilising this expertise, Heiko Haller acted for an auditing firm in a potential liability case pertaining to the assessment of an onshore wind farm portfolio. In other work, he has been representing a bank in proceedings related to the financing of a power plant project. Axel Hamm is acting for a group of companies in the energy sector in a dispute over the construction of solar systems, and Peter Stankewitsch represented a company from the aluminium production sector in a dispute over the delivery of defective production equipment. Key individuals include J√∂rg Risse, Ragnar Harbst and team head G√ľnter Pickrahn.

Germany: IT and outsourcing

Data protection

In data protection matters Baker McKenzie stands out for its high-end advice to telecoms, pharma, financial, IT and industrial companies characterised by ‚Äėexpert knowledge‚Äô, ‚Äėquick, uncomplicated contact‚Äô and ‚Äėshort response times‚Äô. Building on the many ancillary practices of the full-service firm, the four-partner team often advises on data protection in connection with M&A transactions and contentious telecoms matters, such as assisting a large international telecoms company with the Federal Network Agency‚Äôs order on the advance deleting of data and GFKL Lowell Group with data protection issues related to the acquisition of Tesch Inkasso. Other highlights included advising the asset management company of a global insurance company on data protection matters related to the introduction and registration of a mechanism for worldwide personal data processing; an international bank on the transfer of documents and information to domestic and foreign authorities and courts in connection with potential money laundering and tax evasion investigations; and a global biotech corporation on the structuring of requirements of EFPIA (European Federation of Pharmaceutical Industries and Associations) transparency systems. The team also sees a constantly high work load related to the introduction of the General Data Protection Regulation (GDPR). Other clients include Siemens Healthcare and Daimler. Holger Lutz has ‚Äėexcellent expertise‚Äô and is noted for his ‚Äėpractically oriented advice‚Äô and Julia Kaufmann is also recommended.

Information technology (including contracts)

Baker McKenzie‚Äôs IT practice provides its domestic and international client base in the finance, automotive and technology sectors with ‚Äėgood industry expertise and cross-border advice at the touch of a button‚Äô. While the team based in Frankfurt and Munich continues to focus on traditional IT and digital matters, particularly the digitalisation of the health and finance sectors have gained in importance for the practice. FinTech expert Holger Lutz, who in July 2017 took over as practice head together with co-head Michael Schmidl from Wolfgang Fritzemeyer, advised a Swiss technology corporation on the establishment of an account management app. Other highlights included assisting a developer of investment management software solutions with a procurement procedure and the subsidiary of a leading German automotive manufacturer regarding the structuring and introduction of an electronic wallet. A US technology company sought the firm‚Äôs advice on eCommerce and German remote-purchase law in connection with virtual reality glasses. At the intersection with corporate law the team also advises Dassault Syst√®mes on the ‚ā¨220m acquisition of the software company CST group.

Outsourcing

Also in outsourcing matters Baker McKenzie stands out for its longstanding experience and far-reaching expertise: The team advises both companies in the finance, healthcare, technology and insurance sectors and outsourcing providers on ITOs, BPOs and recently increasingly on the outsourcing of data centres and managed operations. Highlights included assisting a global management consultancy, technology and outsourcing services provider with cloud-based outsourcing services for banks and insurers in Germany, Switzerland and Austria; and advising an outsourcing provider regarding a public tender procedure for the award of IT outsourcing services to a public bad bank. Also noteworthy is the firm‚Äôs advice to the asset management company of an insurer concerning data protection aspects in connection with the implementation of a global outsourcing contract. The particularly visible counsel Bj√∂rn Helwig and Holger Lutz are the key figures.

Germany: Industry focus

Energy

Baker McKenzie covers the full range of transactional, regulatory, project financing and contentious work. The broad offering was underlined by the arrival of Tim Heitling and Thomas D√∂rmer from Taylor Wessing. For example, Heitling represented Vattenfall Europe Sales in litigation against ante-holz before the Hamburg district court concerning the remuneration for energy supply and ancillary cost statements. He is also advising LEIPA Georg Leinfelder on the acquisition of UPM‚Äôs customer system network as well as the acquisition of paper factory Schwedt/Oder, which also includes customer generation plants. Public lawyer Frank-Rainer T√∂pfer advised an international gas corporation on environmental and planning matters pertaining to the construction and operation of an underground helium gas storage. Other clients include Encevo and Gasunie.

Healthcare and life sciences

Baker McKenzie offers its health sector clients ‚Äėfull-service advice at the highest level‚Äô. It is particularly well positioned to advise on procurement and antitrust matters, while also convincing in regulatory and transactional matters. ‚ÄėPhenomenal‚Äô practice head Thilo R√§pple is appreciated for his ‚Äėbrilliant legal documents‚Äô and for ‚Äėmanaging even the most challenging of cases‚Äô; his team convinces with ‚Äėvery good business acumen‚Äô and ‚Äėexcellent industry knowledge‚Äô. Led by ‚Äėfar-sighted, pragmatic and very good strategist‚Äô Marc Gabriel, the group ‚Äď together with teams of other European offices ‚Äď has been advising a leading US manufacturer of biotechnological medicinal products on procurement and strategic matters in preparation for entering numerous European biosimilar markets. Pagoda Investment retained the group to advise on the planned acquisition of GBA Gesellschaft f√ľr Bioanalytik through an auction process launched by Adiuva Capital. IP work included assisting Ganymed‚Äôs shareholders with taking over Japanese pharmaceutical group Astellas Pharma. Christian Burholt is valued for his ‚Äėgood knowledge of the life sciences market including its antitrust characteristics‚Äô.

Telecoms

Baker McKenzie is considered ‚Äėone of the best firms in Germany‚Äô for telecoms matters, with a clear focus on regulatory matters. The Frankfurt-based group led by practice head Joachim Scherer is particularly experienced in implementing new business models, which is showcased by assisting clients with the implementation of connected car services in numerous jurisdictions. On over-the-top services, the group recently assisted some OTT platform and service providers with data protection and telecoms matters concerning a product with personal language assistance, while broadband and frequency development matters particularly included frequency regulation matters and frequency coordination procedures. Another one of the group‚Äôs strengths is advising on regulations concerning the identifiability of users, particularly concerning data retention. Telef√≥nica, Colt and Iridium are core clients. Counsel Caroline Heinickel is the name to note for cyber security matters.

Germany: Intellectual property

Patent litigation

Baker McKenzie‚Äôs Frankfurt and Munich-based patent law practice covers a broad spectrum of technical areas: double qualified Jochen Herr, who leads the team together with G√ľnter Pickrahn, has expertise both in process technology and mechanical engineering. Longstanding client Becton Dickinson currently seeks the firm‚Äôs advice in multinational patent infringement proceedings and the team is also handling a dispute around LED technology. Other clients include technology corporation Giesecke+Devrient, Pelikan Vertriebsgesellschaft and RealD.

Trade marks and unfair competition

Baker McKenzie was able to gain various new mandates in the trade mark area, particularly with regards to portfolio management. Recent prosecution highlights of the practice led by Michael Fammler and Rembert Niebel include the representation of Hasbro for the trade mark MONOPOLY in opposition proceedings at the European Union Intellectual Property Office against the trade mark FAIRNOPOLY and sports shoes manufacturer K-Swiss in high-profile cancellation proceedings against a German figurative mark allegedly registered in bad faith, which shows five parallel stripes on a sports shoe. At the level of strategic advice the team advised several clients in the context of rebrandings and international positionings. Another client was Calvin Klein regarding a new enforcement programme for the combatting of the online distribution of counterfeit products. Also noteworthy is a matter in the technology sector regarding the protection of trade and business secrets. Benjamin Koch left for Lubberger Lehment.

Germany: Public sector

Planning and environment

In the area of environmental and planning law, Baker McKenzie advises clients from the infrastructure and energy sectors. Berlin-based practice head Marc Gabriel advised an international investor on environmental law matters, such as soil contamination, in connection with the bidding process for the acquisition of the equity holding of a federal state in a regional airport. Alongside Susanne Mertens, he is also involved in the advice of a state-owned company on regulatory and building contract matters regarding the selection and execution of the subsequent usage concept for airport buildings currently used for other purposes in the long term. The Frankfurt-based Ulrich Ellinghaus acts for Daimler, while Frank-Rainer T√∂pfer assisted an international gas group with the establishment and operation of an underground helium gas store.

Public procurement

‚ÄėExcellent‚Äô procurement law advice at Baker McKenzie includes assistance in the health, defence, infrastructure and construction, IT and as transportation industries. Berlin-based practice head Marc Gabriel is characterised by ‚Äėin-depth knowlege, client orientation, recommendations for action and pragmatism‚Äô; together with counsel Katharina Weiner, he advises Novartis on a large number of open-house tenders for drug rebate contracts, which also brought some bid protests: for example, the client aims at protecting cancer research drug Glivec from imitation and a lowering of the price level. Another one of Gabriel‚Äôs highlights was rendering procurement law advice to a German defence industry client for the coordination of sales activities within 45 countries. Susanne Mertens, who focuses on technology, construction management and infrastructure projects, is another key figure in the practice; she assists an employers‚Äô liability insurance association with the comprehensive procurement of IT and telecoms services at 12 locations. The group is also involved in the Berlin-Brandenburg airport construction project, which saw treaty changes with an effect on procurement law matters and resulting in bid procedures.

Germany: Real estate and construction

Construction (including construction litigation)

With offices in Berlin and Frankfurt, Baker McKenzie‚Äôs team has a strong profile for infrastructure and plant engineering work. Susanne Mertens and counsel Stephan G√∂tze continue to act for Berlin Brandenburg Airport in damage claim proceedings and contentious contract supplement matters, while also advising several regional organisations on refugee accommodation issues. In Frankfurt, J√ľrgen Schramke, J√∂rg Risse and Ragnar Harbst have been representing a technology company in a number of arbitration and litigation proceedings, including complex plant engineering and cross-border elements, amounting to several billion euros.

Real estate

Baker McKenzie increased its bench strength by adding real estate finance expert Filip Kurkowski from Allen & Overy LLP, who constitutes one of the main contacts for real estate work along with Florian Thamm and Ulrich Hennings. The team advised Maple Knoll Capital and European Commercial Real Estate on the acquisition of four commercial properties in Landshut, and assisted Hochtief Projektentwicklung with the sale of the Mercatura shopping centre in Aalen to TH Real Estate. In other significant work, the practice acted for an international IT provider in the sale of eight data centres in Germany, the Netherlands and the UK.

Search News and Articles

For decades, the primary Turkish laws governing leases of residential and business premises have been the Law on Leasing Real Property dated May 27, 1955 (the ‚ÄúLease Law‚ÄĚ) and the Turkish Code of Obligations No. 818 dated April 22, 1926 (the ‚ÄúObligations Code‚ÄĚ). Both of these laws, however, will be repealed and replaced with the new Turkish Code of Obligations No. 6098 dated January 11, 2011 (the ‚ÄúNew Obligations Code‚ÄĚ), which will enter into force on July 7, 2012.

A medical practice cannot advertise using the term ‚ÄúPraxisklinik‚ÄĚ (‚Äúclinic‚ÄĚ in English) if it does not provide overnight accommodation. That was the view upheld by the Bundesgerichtshof (BGH) in a ruling from October 17, 2018 (Az.: I ZR 58/18).

Consumers must not be misled regarding the essential characteristics of a product. According to the case law of the Bundesgerichtshof (BGH), Germany‚Äôs Federal Supreme Court, the allocation of a product to a product category represents one of its essential characteristics.

Commercial agents are entitled to claim compensation. The European Court of Justice (ECJ) has since clarified that this right persists even if the commercial agency agreement is terminated during the probationary period.

A ruling of the Bundesfinanzhof (BFH), Germany‚Äôs Federal Fiscal Court, illustrates the distinction made for the purposes of inheritance tax between a family home and the claim to transfer ownership in a family home (Az.: II R 14/16).